Cluster info · Defects & construction flaws
Construction mediation: how to avoid court
Mediation is too often ignored in construction. It avoids court, preserves the relationship and costs 10 times less than a trial.
1. The principle
A mediator accredited by the Minister of Justice convenes the parties. They facilitate dialogue, suggest avenues, but impose nothing. The solution comes from the parties themselves — hence its strength.
2. The concrete process
- Appointment of the mediator (list on mediateur-agree.be).
- 1 to 4 meetings of 2 to 3 hours spread over 2 to 6 months.
- Signing of a protocol agreement at the end if successful.
- Possible approval before a judge for enforceable force.
3. The cost
Count on €1,200 to €3,000 in total, generally shared 50/50. That is less than a single lawyer’s fee for a writ. And it is tax-deductible under conditions.
Our construction defects expertise is often requested by the mediator to technically frame the dispute. This speeds up the agreement and makes it fairer. See also our clusters construction lawyer and court for the other routes.
Questions on mediation
Is mediation mandatory?
Not in construction, but strongly encouraged. Some contracts provide for a clause of mandatory prior mediation before any judicial remedy.
What is a mediation agreement worth?
Once approved by a judge, the agreement has enforceable force — like a judgment. Without approval, it is a private contract between parties.